Arnesh Kumar Guidelines: AP High Court Directs Police To Comply With Arrest Procedure, Issue 41-A CrPC Notices
The Andhra Pradesh High Court recently disposed of two applications for anticipatory bail in separate cases, while directing the state Police to ensure that the procedure and guidelines issued by the Supreme Court in Arnesh Kumar v. State of Bihar are complied with before effecting arrest.The judgment obligates the Police to issue notice of appearance under Section 41-A CrPC in all cases...
The Andhra Pradesh High Court recently disposed of two applications for anticipatory bail in separate cases, while directing the state Police to ensure that the procedure and guidelines issued by the Supreme Court in Arnesh Kumar v. State of Bihar are complied with before effecting arrest.
The judgment obligates the Police to issue notice of appearance under Section 41-A CrPC in all cases where the arrest of a person is not required.
The Petitioners had approached the High Court apprehending arrest; one of them was accused under Sections 403 and 408 IPC and the other under Sections 323, 324 IPC.
It was their contention that they are entitled for a notice under Section 41-A of CrPC as the punishment for alleged offence is less than seven years. The police, they argued, were trying to arrest the petitioner without issuing such notice.
According to Section 41A, CrPC:
"Notice of appearance before police officer.-(1) The police officer shall, in all cases where the arrest of a person is not required under the provisions of sub-section (1) of Section 41, issue a notice directing the person against whom a reasonable complaint has been made, or credible information has been received, or a reasonable suspicion exists that he has committed a cognizable offence, to appear before him or at such other place as may be specified in the notice.
(2) Where such a notice is issued to any person, it shall be the duty of that person to comply with the terms of the notice.
(3) Where such person complies and continues to comply with the notice, he shall not be arrested in respect of the offence referred to in the notice unless, for reasons to be recorded, the police officer is of the opinion that he ought to be arrested.
(4) Where such person, at any time, fails to comply with the terms of the notice or is unwilling to identify himself, the police officer may, subject to such orders as may have been passed by a competent Court in this behalf, arrest him for the offence mentioned in the notice."
In the first case, Justice Ravi Cheemalapati directed the Police to follow the procedure contemplated under Section 41-A of Cr.P.C and the guidelines prescribed by the Apex Court in Arnesh Kumar v. State of Bihar and another against the petitioners in the above crime.
Justice Subba Reddy Satti of the same Court, in another case, gave a similar direction to the Investigation Officer.
Citation: 2022 LiveLaw (AP) 108